1. If the father is behind in child support can he still file for joint custody

    1. Author

      Child support is a completely separate issue from joint custody. But, the performance or non support of the child is a factor that the court will consider in making a child custody determination. Best to speak to a family law practicioner about the specific issues.

  2. What do you need to do if two divorced parents have shared custody and one parent dies? Does he automatically gain full custody and if so how do you go about fighting this? The surviving parent is in and out of jail and the aunt and uncle of the deceased would make a better guardian.

  3. if both parties agree to joint custody and the child resides with both parents equql time does there have to be a residential or custodial parent named?

    1. Author

      Yes, certain federal and state laws require the designation of a “custodial” or primary residential parent. For instance, determination of school District, tax credits, etc.

  4. How do these considerations change if one parent lives in a different state but is financially stronger in order to care for the child educationally and health wise?

    1. Author

      Yes, the Court would take that into consideration. However, obtaining approval for a minor child to reside outside of Tennessee requires the parent to show proof that it is in the manifest best interest of the child. This is the type of case that needs the expertise of a family law professional.

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